IN RE TITLE AND BALLOT TITLE AND SUBMISSION CLAUSE

No. 06SA20.

138 P.3d 273 (2006)

In the Matter of the TITLE AND BALLOT TITLE AND SUBMISSION CLAUSE FOR 2005-2006 # 55, Manolo Gonzalez-Estay, objector, Petitioner v. Richard D. Lamm, Waldo Benavidez & Fred Elbel, proponents, and William A. Hobbs, Allison Eid, and Dan Cartin, Title Board, Respondents.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing June 26, 2006.


Attorney(s) appearing for the Case

Isaacson Rosenbaum P.C., Mark G. Grueskin, Kara Veitch, Denver, CO, Attorneys for Petitioner Manolo Gonzalez-Estay.

Richard D. Lamm, Denver, CO, pro se.

Robert M. Hardaway, University of Denver Sturm College of Law Denver, CO, Attorney for Proponents Richard D. Lamm, Waldo Benavidez and Fred Elbel.

John W. Suthers, Attorney General, Maurice G. Knaizer, Deputy Attorney General, State Services Section, Public Officials Unit, Denver, CO, Attorneys for Title Board.


Justice MARTINEZ delivered the Opinion of the Court.

Petitioner, Manolo Gonzalez-Estay, brought this original proceeding under section 1-40-107(2), C.R.S. (2005), to challenge the action of the initiative title setting board (the "Board") setting the title and ballot title and submission clause ("titles") for a proposed ballot initiative ("Initiative # 55" or "Initiative"). Initiative # 55 prohibits the State of Colorado, as well as all cities, counties, and political...

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